Friar v. Curry, Arrington & Co.
Friar v. Curry, Arrington & Co.
Opinion of the Court
The trial of a case in a justice’s court having resulted adversely to the plaintiffs, they entered an appeal to a jury in the same court. A motion was made to dismiss this appeal, on the ground that it had been filed by the attorney at law of the appellants, and that he had failed to file any written authority to do so or to show a ratification by the appellants. This motion was overruled, and a verdict found for the plaintiffs. Upon certiorari complaint was made of the overruling of this motion. The judge of the superior court overruled the certiorari, and the plaintiff in certiorari excepted.
Under the Civil Code, § 4457, “An appeal may be entered by the plaintiff or defendant in person, or by his attorney at law or in fact, and if by the latter, he must be authorized in writing, which authority shall be filed,” etc. “Under this section an appeal can be entered only by the party, his attorney at law, or his attorney
Affirmed.
Reference
- Full Case Name
- FRIAR v. CURRY, ARRINGTON & COMPANY
- Cited By
- 1 case
- Status
- Published